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A recorded that is filed for the purpose of abandoning the , meaning reverting to the configuration of land previously subdivided, or vacating
or easements previously
to the public; or vacating or redescribing
or
boundaries previously recorded may be replatted in accordance with Section 8.4.1, , if all other criteria of Section 8.4.1.E, Criteria, are met. Otherwise, the shall be replatted in accordance with Sections 8.4.4, Tentative , and 8.4.5, Final .
Where, in accordance with an adopted plan, it is determined that there are inadequate parks and recreational facilities, fire stations, or school , the Mayor and Council may require that land area within the
be reserved for one or more of those uses. Such requirement shall be in accordance with
statutes regulating reservation of parks, recreational facilities, fire stations, and school .
(Am. Ord. 11070, 5/14/2013)
A. Purpose
The purpose of the Flexible Lot Development (FLD) is to provide greater flexibility and creativity in the design of residential
by:
1. Providing incentives to achieve community goals, such as historic and archaeological preservation, preservation of
,
within
, and in-fill housing
;
2. Implementing the goals and objectives of the
, Area Plans, and Neighborhood Plans;
3. Providing
that is usable and includes suitably located active and passive recreational amenities, such as trails, walking paths, picnic areas, and playgrounds;
4. Providing for visual, and where achievable, physical connections to
areas on
properties;
5. Efficiently using land and public facilities by means of a more economical arrangement of
, circulation systems,
, and
;
6. Preserving to the greatest extent possible existing
, environmentally sensitive areas, and landscape features and amenities, such as significant topography,
and
, natural vegetation, washes,
areas, and floodplains, and integrating such features with
and other
;
7. Coordinating architectural styles,
forms, and
relationships within the
and with surrounding land
;
8. Providing high-quality sustainable
within the
that incorporates “green
” techniques such as water harvesting,
, and passive solar orientation;
9. Mitigating the urban heat island effect by requiring such measures as
throughout the FLD
and other acceptable
efforts; and,
10. Creating incentives for appropriate urban infill
on
with
constraints.
B. Applicability
FLDs may be developed in the following
:
1. Single-
detached residential
in the SR, SH, RX-1, and RX-2
;
2. Single-
residential
, attached or detached, in the R-1, MH-1, and MH-2
; and,
3. Single-
attached or detached, and multifamily residential
in the R-2, R-3, O-1, O-2, O-3, C-1, C-2, and C-3
.
C. General
Criteria
1.
with the
and other Applicable Plans
An FLD shall be in
with the
and any of its components, including any applicable adopted area and neighborhood plans.
2. Applicability of General
and Technical Standards Manual Requirements
Except as provided in this section, all applicable standards of the
and the Technical Standards Manual apply to FLDs.
3.
Alternatives
FLDs shall be developed using one of the following alternatives:
a. Standard FLD
Standard FLD
shall not exceed the dimensional standards for
Alternative A in Section 8.7.3.D, Regulations for FLD .
b. Maximum
Option
FLD
that meet at least one of the following
options may develop to the dimensional standards for the
Alternative B in Section 8.7.3.D, Regulations for FLD .
(1)
A minimum of 10% of the
’s total number of units or minimum of two units, whichever is greater, are constructed and used for
.
(2) Housing for the Elderly
The entire
is designed and constructed only for the elderly. A covenant shall be recorded for the
stating that the housing is restricted for use by the elderly. Residents of an FLD for elderly shall be at minimum 62 years old.
(3) Historic Preservation
The
includes preservation of a
,
, or
or leads to the preservation or scientific study and archaeological documentation of prehistoric or historic
or , in accordance with Section 3-01.2.0, Historic Preservation Requirements, of the Technical Standards Manual. Features eligible for use of this option are those identified in the required archaeological study as meeting the criteria in the Technical Standards Manual. A recorded covenant preserving the
is required.
(4) Additional
The
preserves at least 20% more
than is required by Section 8.7.3.F.1,
Requirements. The additional shall be usable for passive or active recreational uses, such as trails, walking paths, picnic areas, and playgrounds.
(5) Additional
within an FLD Greater than 5
The
preserves features in a natural state at least 15% more area than is required by other sections of the
, including, but not limited to: Sections 5.2, Hillside Development ; 5.7, Environmental Resource ; or 7.7, Native Plant Preservation. These natural features include, but are not limited to, vegetation, washes, floodplain, and hillsides.
(6) Proximity to an
The
is located in the
’s Central Core (as defined in the City of Tucson’s
) and is on a designated
near transit facilities to promote the use of transit and reduce vehicle trips. The
does not conflict with any applicable area or neighborhood plan.
(7) Trail or Wildlife Corridor Dedication
The FLD provides for dedication of trails or wildlife corridors, or both, that connect to offsite trails and wildlife corridors as approved by the Parks and Recreation Department.
(8) Green
The
is designed and located to comply with the energy efficiency requirements listed Section 3-01.3.0, Green
Requirements, of the Technical Standards Manual.
D. Regulations for FLD
The following regulations are required of all FLD
:
1.
Alternative A is for standard FLDs.
4. Residential
in Flexible Lot Development
is based on the
(as defined in Section 11.4.5, Definitions – D) of the
.
E. Minimum
There is no minimum
within an FLD, except as follows.
1.
in the SR and RX-1
shall be at least 18,000 square feet.
2.
in the RX-2
shall be at least 12,000 square feet.
3. All
developed with a septic system shall be at least one
.
F.
Requirements
1.
Area Requirements
a.
shall be provided as shown in the following table:
b.
shall be for an active recreational, passive recreational or scenic purpose.
c. An FLD shall provide amenities appropriate for the mix of residents for which the FLD
is designed.
d. A
or management organization shall be established by the developer to be responsible for the ownership, permanent care, and maintenance of areas.
e. Any portion of the FLD
that has been
to and accepted by a public entity for public use as a amenity may be included in meeting the area requirements. Dedications that meet this requirement include, but are not limited to, parks, trail, and detention and retention basins that incorporate Multiple-Use Concepts and Aesthetic Design Guidelines described in Chapter IV of the Stormwater Detention/Retention Manual.
f. The portion of the FLD
that includes all or portion of a trail located within a
or
may be included in complying with the area requirements.
g. Exemptions
The following FLD
are exempt from requirements:
(1) An FLD
with 60
or fewer located within one-quarter of a mile of a
community park of at least 15
which does not require crossing an arterial
to reach the park; or,
(2) An FLD
zoned SR, SH, RX-1 or RX-2.
2. Configuration and Location of
within an FLD
a. FLD
five
and less.
amenities should be configured as
areas, but may also be incorporated into the design of other elements on the
, such as detention/retention basins and buffers, in order to make those areas functional.
b. FLD
more than five
.
may be divided into smaller areas if they are distributed throughout the
and conveniently located for residents of the FLD
.
c.
shall be conveniently located to and usable by the maximum number of the residential units on the
.
d. To the greatest extent possible,
should not be comprised of remnant areas that are not usable by residents of the FLD
.
e. Where the
is located near a
, or can provide connections to
areas or areas of environmentally or culturally significant features, the
shall be configured in a manner to preserve this connectivity.
G. Detention and Retention Basins
1. To the greatest degree practicable, detention and retention basins within an FLD shall be designed as
by incorporating the Multiple-Use Concepts and Aesthetic Design Guidelines described in Chapter IV of the Stormwater Detention/Retention Manual, the Floodplain Ordinance, and in accordance with
Section 7.6.6.C, Stormwater Runoff. amenities within detention and retention basins may count toward meeting requirements; and, developed in accordance with Section 7.11, Detention and Retention Basins.
H.
, Screening and Wall Requirements
1. FLD
shall comply with Section 7.6,
and Screening Standards, except as otherwise provided by this section.
2. One
shall be provided every 40 feet of pedestrian circulation systems, excluding crossings with
, alleys, and
. If providing
every 40 feet is not achievable, the applicant shall:
a. Provide the equivalent number of trees that would be obtained using the 40-foot increment measure; and,
b. Distribute the trees within the FLD
along pedestrian circulation systems and within
areas.
3.
shall incorporate water-conserving design as defined in Section 7.6.6, Use of Water, and as described in the Technical Standards Manual.
4. Water harvesting techniques shall be incorporated as part of the landscape design based on the Water Harvesting Guidance Manual prepared for the City of Tucson Transportation Department Stormwater Section.
5. Mechanical equipment, utility boxes, irrigation equipment and similar elements shall be screened from
exterior to the
and from
existing residential
. Screening shall be architecturally integrated with the overall design of the FLD.
6. If a perimeter wall is proposed along an existing public
, it shall be constructed of, or painted with, graffiti-resistant materials. The wall shall incorporate one or more of the following decorative materials:
a. Tile;
b. Stone;
c. Brick;
d. Adobe;
e. A textured material such as stucco or plaster; or,
f. Metal.
I. Parking
1.
within the FLD
for which
is proposed shall be designed with
that comply with Section 10-01.0.0,
Technical Standards, of the Technical Standards Manual.
2. An
an existing
shall not be used for parking access.
3. Common
shall meet the following requirements:
a. No more than 60 parking spaces may be located in any single outdoor
;
b. There shall be a minimum of 30-foot separation between common
. Common
shall be separated by a
or
;
c. The same
may provide access to two or more
; and,
d. Curbed areas shall provide openings to allow water to flow into landscaped areas and water harvesting basins.
J. Circulation and Connectivity
2. All elements of an FLD, including residential units and recreational amenities, shall be connected by a pedestrian circulation system.
3. Interior pedestrian
shall connect to
on
and to
commercial and recreational facilities with
property owner’s consent.
4. Bus turn-out lanes and bus waiting shelters shall be provided if requested by the
.
5. Barrier free access to
amenities:
a. For purposes of this section, barrier free access is defined as functional access for semiambulatory and nonambulatory
.
b. Barrier free access to
amenities shall be provided pursuant to the
’s adopted Building Code Section 1109.14 (Recreational and Sports Facilities). Exception: FLDs using the Housing for the Elderly maximum option [Section 8.7.3.C.3.b(2)] shall provide barrier free access pursuant to the ’s adopted Building Code Section 1109.14 (Recreational and Sports Facilities) or 50%, but not less than one, of each type of
amenity, whichever is greater.
6. Trails that have current or future linkages to other trails,
areas or recreation areas shall be provided as determined by the City’s Parks and Recreation Department.
a. Trails shall be constructed in compliance with the design criteria established for trails by the City of Tucson Parks Department and Pima County Parks Department.
b. Hard and soft surface paths, when required, shall have an average separation of at least five feet to allow for
that does not interfere with the paths, except where a reduced width is allowed by the City’s Parks and Recreation Department.
K.
Along FLD
Boundaries
1.
along FLD
boundaries are required in accordance the
’s underlying
as provided in Section 6.3.4, Dimensional Standards and Exceptions Tables.
2.
along FLD
boundaries are required in accordance with Section 6.4.5.C,
, unless special zoning requirements dictate a greater distance or different point of measurement.
L.
on Interior
1. The
requirements of Section 6.3.4, Dimensional Standards and Exceptions Tables, may be reduced for along to the extent permitted by the ’s adopted
Codes.
2. Along interior
,
are required, in accordance with Section 6.4.5.C,
. The may be administratively reduced by the PDSD based on a finding that the reduced enhances the architectural design or the vehicular circulation in the FLD and a transportation statement is approved by the City’s Traffic Engineering division. A reduction request is considered for approval concurrent with the processing of the or , whichever is applicable.
M. Design Criteria
1. Architectural Variation
a. Purpose
To provide architectural diversity, visual interest, and to avoid monotony in architectural design by requiring variations in such architectural treatments as color, finished materials, massing and rooflines, orientation of units,
and porches.
b. Applicability
The requirements of this section apply to
meeting the following criteria:
(1)
with 20 or more single-
detached residential units except when residential units are on
larger than 10,000 square feet or, where
are separated by 30 feet or more; or,
(2) Elevations of single-
detached units
a public
designated as a collector or
in the
; or, a private or public
designed and/or designated as a residential
.
c. Requirements
(1) The same architectural elevation shall not be repeated more often than every fourth
.
(2) Architectural variation may be accomplished by incorporating a minimum of two of the following design features into the affected elevations: different
orientation,
elevation,
placement, roof type, ornamentation, or architectural style. The applicant shall work with the City’s
to ensure that adequate variation is achieved.
(3)
Placement. For FLD
with over 20 or more single-
detached residential units, no more than 50% of detached residential units throughout the FLD shall be designed with
that protrude from or are flush with the front wall of the living area or front porch of the house.
d. Architectural Variation Plan Required
(1) An Architectural Variation Plan (AVP) demonstrating compliance with the requirements of this section shall be prepared in accordance with the Section 2-06.5.3.E, Architectural Variation Plan, of the Administrative Manual.
(2) The AVP shall be included with the
,
, or
permit submittal.
(3) An AVP is reviewed and considered for approval as part of the
,
, or
permit review procedure, whichever is applicable, with the
included as the reviewer of the AVP. The
will review AVPs for compliance with this Section and forward his or her findings and recommendation in writing to the PDSD
for consideration of approval.
(4) The PDSD
’s decision may be appealed in accordance with Section 3.9.1, Design Review Board Appeal Procedure.
(5) Conditions of the approved AVP shall be included as notes on the approved or
, whichever applies, and the
plan.
(6) An AVP shall be approved prior to issuance of a
permit.
2. Transition Edge Treatment and
for
Properties
a. Transition Edge Treatment
Where a single-
attached or multi-
FLD
is
to existing single-
residential
, the FLD shall provide buffering in order to preserve the privacy of the existing residential
. Examples of buffering include, but are not limited to,
, a fence, or a wall. The proposed buffering shall be included as conditions on the approved
or
.
b. Privacy
(1) Applicability
Privacy
as required by this section is required when multistory residences are proposed
to existing single story residences and the existing residences are zoned R-2 or more restrictive.
(2) Prohibited
Balconies, windows (except for clerestory and translucent windows), or any other feature on an upper floor that overlook the rear and side yards of an
residence are prohibited.
(3) Privacy
Plan
A Privacy
Plan (PMP) is required demonstrating compliance with this section.
(a) PMPs shall be prepared in accordance with Section 2-06.5.3.F, Privacy
Plan, of the Administrative Manual.
(b) PMPs shall demonstrate that adequate measures, such as screening,
,
mass,
, air circulation, and light access are incorporated into the design of the
to preserve the existing residents’ privacy.
(c) PMPs shall be included with submittal of the tentative or
, whichever is applicable.
(d) A PMP is reviewed and considered for approval as part of the
,
, or
permit review procedure, whichever is applicable, with the
included as the reviewer of the AVP. The
will review the PMP for compliance with this section and forward his or her findings and recommendation in writing to the PDSD
for consideration of approval.
(e) The PDSD
’s decision may be appealed in accordance with Section 3.9.1, Design Review Board Appeal Procedure.
(f) Conditions of the approved PMP, including a description of the required
and for which units the
applies, shall be included as notes on the or
, whichever applies, and the
plan.
(g) A PMP shall be approved prior to issuance of a
permit.
3.
and Passive Solar
a.
b. Passive Solar
FLD
should incorporate passive solar design when practicable.
4. Alternative Compliance.
a. Design Professional Review Required
The Design Professional shall review the request for compliance with the criteria listed below:
(1) meets the purpose of the FLD (Sec. 8.7.3.M.1);
(2) does not create a safety hazard on an
property;
(3) does not create a drainage problem on an
property;
(4) reduces garage dominance in the overall
design proposal; and,
(5) is found to be a best practice.
b. The Design Professional shall submit findings and recommendations to the PDSD Director in writing.
c. Best Practices
For purposes of this section a best practice refers to:
(1) design criteria used by a comparable jurisdiction;
(2) a study or design
used by the
;
(3) a report, book, or study prepared by an expert with residential architecture or subdivision design expertise;
(4) endorsed methods by a professional organization such as the American Institute of Architects (AIA); or,
(5) a comparable study or design concept recommended by the City's Design Professional.
d. PDSD Director Approval
The PDSD Director may approve Alternative Compliance proposals upon making a finding in accordance with Section 8.7.3.M.1.
N. Management of Common Properties
The
will provide for the ownership, control, maintenance, and liability of all common areas through the homeowner’s association or joint and several liability of all property owners.
O. FLD Phasing Requirements
An FLD may be phased for construction and
; however, the FLD shall be considered a single
for purposes of allowable densities,
, common areas, hydrology, and
, provided that all of the following conditions are met.
1. The entire FLD shall be platted as one
, as
and other FLD requirements are based on the entire FLD
. If the FLD is platted by phase, then each phase shall comply with requirements as a separate
, including the following:
a.
documentation shall allow for the annexation of future phases if designed to work as one
; and,
b. If access to future phases is designed to be through the phase being platted,
easements or other acceptable legal instruments shall be provided on/with the
and
documents.
2. If the FLD contains common areas, the entire FLD shall be subject to an overall set of comprehensive conditions, covenants, and restrictions which establish the character of the
and create an overall
. If the documentation for the overall
does not indicate responsibility for each phase within the FLD, then the excluded phase shall have its own
which will be responsible for owning and maintaining any common area,
, natural area, or recreation area within the phase.
3. The developer shall submit a document to show how the
and
will be developed in
to the number of residential units developed. The
shall be designed to function independently for each phase and as each new phase is added. Such
and
shall be located
to or within developed or developing phases and on property that is
or physically connected to the residential
in order to provide access between the amenity and the
it serves.
4. At no time during the construction of the FLD shall the number of constructed residential units per
of developed land exceed the overall
for the land area in each phase and as approved by the recorded
P. FLD Submittal, Review, and Decision
An FLD shall be prepared, processed, and have a tentative and final or
, whichever is applicable, approved prior to issuance of a
permit with the following exception. Model homes may be authorized for construction prior to recordation of the final in accordance with Section 8.6.4, Permits for Model Homes.
1. Tentative
b. A tentative for an FLD is processed and considered for approval in accordance with Section 8.4.4, Tentative , with the following exceptions:
(1) An applicant shall hold a neighborhood meeting in accordance with Section 3.2.2.C.1.b prior to submitting a FLD application.
(2) Notice of the submittal of an FLD application shall be sent to the applicant, property owners within 400 feet of the
, and
within one mile of the
.
2. Final
a. A final
for an FLD shall be prepared in accordance with Sections 2-07.0.0, Final
,
,
, and
, and 2-06.5.0, Flexible Lot Development - Additional Requirements, of the Administrative Manual.
b. A final
for an FLD is processed and considered for approval in accordance with Section 8.4.5, Final .
3.
a. A
is required only if a
is not required.
c. An FLD
is reviewed and considered for approval in accordance with Section 3.3.3, PDSD
Approval Procedure.
(Am. Ord. 11171, 5/20/2014; Am. Ord. 11320, 11/17/2015; Am. Ord. 11732, 2/19/2020)